Violation of Concealed Carry Act

Charged with Bringing a Gun to Chicago Airport? Chicago Criminal Defense Lawyer Andrew M. Weisberg Can Help

Illinois’ firearm laws are among the most complex in the nation, and even responsible gun owners can find themselves in serious legal trouble for an honest mistake. Travelers passing through Chicago’s airports often discover too late that what was legal in their home state can be a felony offense in Illinois.

If you’ve been charged for bringing a gun into a restricted area—especially at O’Hare or Midway Airport—you need experienced legal help immediately. Andrew M. Weisberg, a former Cook County prosecutor turned top-rated Chicago criminal defense attorney, understands how these cases unfold and how to fight them.

Understanding the Illinois Concealed Carry Act

The Illinois Concealed Carry Act (430 ILCS 66) allows licensed individuals to carry concealed handguns in most public places—but the law also imposes strict limitations. Even lawful gun owners can face arrest if they carry or transport a weapon in a restricted area.

It’s also important to note:

• The law applies only to handguns. Rifles, shotguns, and other firearms cannot be carried concealed under any circumstance.

• Illinois has no reciprocity with other states. Your concealed carry permit from another state is not valid here unless you obtain an Illinois non-resident permit.

Prohibited Locations Under the Illinois Concealed Carry Act

Even with a valid concealed carry license, you cannot carry a firearm in certain “sensitive locations.” These include:

• Airports, especially beyond TSA security checkpoints and on any commercial aircraft

• Public and private schools, including preschools and childcare facilities

• Government buildings and courthouses

• Public transportation, including buses, trains, and transit stations

• Colleges, universities, and school zones

• Bars or restaurants where over 50% of revenue comes from alcohol sales

• Hospitals, nursing homes, and other medical or residential care facilities

• Parks, playgrounds, and stadiums

• Amusement parks, zoos, and museums

• Private property with posted “No Firearms” signs

Carrying a firearm into any of these areas can result in arrest—even if you never intended to break the law.

Common Airport Gun Violations

Airports are one of the most frequent places where responsible gun owners are charged. Every year, TSA agents at O’Hare and Midway confiscate hundreds of firearms, often from travelers who forgot a handgun was in their luggage or bag.

You may be charged with Unlawful Use or Possession of a Weapon under 720 ILCS 5/24-1 or a violation of the Illinois Concealed Carry Act (430 ILCS 66) if you:

• Bring a firearm past a TSA checkpoint

• Attempt to board a plane with a gun (even unloaded)

• Carry a gun in an airport terminal or secure area

• Possess a firearm in your bag or carry-on, even inadvertently

Even if the gun was legally owned and properly licensed in your home state, Illinois law still applies—and ignorance of local law is not a defense.

Penalties for Violating the Concealed Carry Act

The penalties for carrying a firearm in a prohibited location depend on the circumstances and whether you’ve been previously charged.

First Offense (Class B Misdemeanor)

• Up to 6 months in jail

• Fines up to $1,500

Second Offense (Class A Misdemeanor)

• Up to 12 months in jail

• Fines up to $2,500

• Suspension of your concealed carry license for up to 6 months

Under the Influence of Alcohol or Drugs

• First or second offense: Class A misdemeanor (up to 12 months in jail)

• Third offense: Class 4 felony (1–3 years in prison and up to $25,000 in fines)

• Permanent revocation of your concealed carry license

For travelers, these charges often occur unexpectedly—but the consequences can still include jail, permanent record, and loss of firearm rights.

What If You’re Not from Illinois?

Illinois does not recognize out-of-state concealed carry permits. A handgun that’s legal in Texas, Florida, or Indiana may still land you in jail in Cook County.

If you’re visiting or traveling through Illinois:

• You may legally transport firearms only in your vehicle, unloaded, and secured in a case.

• You may not bring that firearm into an airport, public building, or any posted “No Firearms” area.

Even if your intentions were innocent—such as forgetting a handgun in your luggage—Illinois law still allows prosecutors to pursue criminal charges.

The Consequences of a Gun Conviction in Illinois

A conviction for violating the Concealed Carry Act or Unlawful Use of a Weapon statute can have far-reaching consequences:

• Permanent Criminal Record – A misdemeanor or felony conviction cannot be expunged and can appear on background checks indefinitely.

• Loss of Firearm Rights – You may lose your FOID card or concealed carry license, and in some cases, all gun ownership rights.

• Professional and Social Impact – Employers, licensing boards, and even travel authorities may view a firearm conviction as disqualifying.

• Travel Restrictions – TSA records and national databases may flag you, complicating future air travel.

The good news: with skilled representation, many of these cases can be resolved without a conviction.

How Andrew M. Weisberg Can Defend You

As a former felony prosecutor in Cook County, Andrew M. Weisberg knows how the State prepares and prosecutes firearm cases—and how to turn those strategies to your advantage.

He will:

• Examine every detail of your arrest and TSA encounter to find procedural or constitutional violations.

• Challenge evidence that may have been obtained improperly or without probable cause.

• Negotiate strategically with prosecutors for dismissals or reduced charges, particularly in first-time and accidental cases.

• Protect your record by seeking diversion, supervision, or other alternatives to conviction.

Andrew has successfully defended countless clients in similar airport gun cases, often preventing convictions and protecting clients’ rights and reputations.

Call Andrew M. Weisberg Today

If you’ve been charged for bringing a gun to O’Hare, Midway, or another Illinois airport, don’t face it alone. Prosecutors are taking these cases more seriously than ever, and early legal intervention is key.

Call (773) 908-9811 today for a free, confidential consultation, or complete the Case Review Form on the website.
Andrew M. Weisberg is available 24/7 to discuss your case, explain your options, and start protecting your future.